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HomeMy WebLinkAbout35-14 RESOLUTION 35-14 RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE IRREVOCABLE OFFER OF DEDICATION OF RIGHT-OF-WAY (Lands of Red Orchid LLC) WHEREAS, Red Orchid LLC ("Owner"), the owner of the property commonly known as 26240 Fremont Road, Los Altos Hills, California; and WHEREAS, Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of-way are substandard; and WHEREAS, pursuant to Section 10-2.1202, Owner has offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS, the private road/driveway right-of-way does not conform to the Town standard; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby rejects on behalf of the public the dedication of the right-of-way described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote: AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: John Radford, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 35-14 Page 1 • • Attachment A This Document Is Recorded For the Benefit of the Town of Los Altos Hills And is Exempt from Fee Per Government Code Sections 6103 and 27383 When Recorded,Mail to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attention: City Clerk IRREVOCABLE OFFER OF RIGHT-OF-WAY DEDICATION TO THE TOWN OF LOS ALTOS HILLS (Lands of Red Orchid LLC) THIS IRREVOCABLE OFFER OF DEDICATION is made this aa nal day of ()KA 1 Z 2, 2014, by Red Orchid LLC ("Owner"), the owner of the property located at 26240 Fremont Road, Los Altos Hills, California, to and for the benefit of the Town of Los Altos Hills, a municipal corporation ("Town"). Section 1. Owner does hereby offers-to dedicate to Town for street purposes that portion of the real property situated in the Town of Los Altos Hills, County of Santa Clara, State of California as described and depicted in Exhibit A attached hereto ("Dedication"). Section 2. The Town hereby rejects this offer of Dedication. IN WITNESS WHEREOF,the Owner has properly executed, and the Town has hereby rejected this offer of Dedication as follows: OWNER: Date: Z Z Red Orchid LLC Resolution 35-14 Page 2 • TOWN OF LOS ALTOS HILLS: Date: June X-3, 2014 John Radford, Mayor ATTEST: Deborah L. Padovan, City Clerk Resolution 35-14 Page 3 State of California ) County of Santa Clara ) On lgjjaN `_2)a,,A o f q before me; yJcnpip ka&ch,ho Se:n p-z, notary public, personally appeared RnbOr-} ,,-Ar- mabon, Id , who proved to me on the basis of satisfactory evidence to be the person($) whose name() are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NANETTE KASCH DESMET = Commission # 1934462 Z ir� Notary Public-California z Santa Clara County z D Signature eal) My Comm.Expires Apr 30.2015 Resolution 35-14 Page 4 • • STATE OF CALIFORNIA ) ss. COUNTY OF SANTA CLARA ) On June 20, 2014, before me, Deborah L. Padovan,Notary Public,personally appeared John Radford,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. DEBORAH L. PADOVAN Commission# 1929787 'a Notary Public-California i Sonoml County MY Comm.Expires Apr 19.2015 Signature: (Seal) Resolution 35-14 Page 5 • • I, Deborah Padovan, duly appointed City Clerk for the Town of Los Altos Hills, do hereby certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing is true and correct. WITNESS my hand and official seal. Deborah Padovan, City Cleric Date: June 20, 2014 Place: Town Hall Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Resolution 35-14 Page 6 • • Certrrled as a true copy By / RESOLUTION 35-14 City Ci2rk c t11a Torn RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS ACKNOWLEDGING BUT REJECTING THE IRREVOCABLE OFFER OF DEDICATION OF RIGHT-OF-WAY (Lands of Red Orchid LLC) WHEREAS, Red Orchid LLC ("Owner"), the owner of the property commonly known as 26240 Fremont Road, Los Altos Hills, California; and WHEREAS, Section 10-2.1202 of the Los Altos Hills Municipal Code ("Code") authorizes the Planning Director or Planning Commission to require dedication of a right-of-way of sufficient width to conform to current Town standards whenever a site development permit is requested for a lot which was created prior to January 1, 1973 and where the driveway or contiguous road rights-of--way are substandard; and WHEREAS, pursuant to Section 10-2.1202, Owner has offered to dedicate a certain portion of their property to the Town for right-of-way purposes; and WHEREAS, the private road/driveway right-of-way does not conform to the Town standard; and NOW, THEREFORE, the City Council of the Town of Los Altos Hills does RESOLVE as follows: The Town hereby rejects on behalf of the public the dedication of the right-of-way described and depicted in Attachment A hereto; and that the Mayor is hereby authorized and directed to execute the Dedication on behalf of the Town. The above and foregoing resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 19th day of June, 2014 by the following vote: AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck NOES: None ABSTAIN: None ABSENT: None BY: John Radford, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 35-14 Page 7 Resolution 35-14 Page l Exhibit A Legal Description for Street Dedication and Plat Accompanying Legal Description Resolution 35-14 Page 8 EXHIBIT "A" LEGAL DESCRIPTION FOR STREET DEDICATION LANDS OF RED ORCHID LLC 26240 FREMONT ROAD,TOWN OF LOS ALTOS HILLS, CA ALL THAT CERTAIN REAL PROPERTY, SITUATE IN THE TOWN OF LOS ALTOS HILLS, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS OF RED ORCHID LLC, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED ON MAY 23,2013 IN BOOK 861 OF MAPS,AT PAGE 49, SANTA CLARA COUNTY RECORDS, AS SHOWN ON EXHIBIT "B" MADE A PART HEREOF, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A MAG NAIL AND BRASS TAG "LS 7623" LOCATED AT THE MOST NORTHWESTERLY CORNER OF SAID LANDS OF RED ORCHID LLC, AS SHOWN ON SAID RECORD OF SURVEY, SAID POINT ALSO BEING IN THE CENTERLINE OF FREMONT ROAD (WIDTH VARIES ; THENCE ALONG THE WESTERLY LINE OF SAID RECORD OF SURVEY SOUTH 02050'00" WEST, A DISTANCE OF 30.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE LEAVING SAID WESTERLY LINE ALONG A LINE PARALLEL WITH SAID CENTERLINE OF FREMONT ROAD AND 30 FEET SOUTHERLY, RIGHT ANGLE MEASURE, SOUTH 87010'00" EAST, A DISTANCE OF 60.00 FEET; THENCE ALONG A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 90000'00",AN ARC DISTANCE OF 47.12 FEET; THENCE ALONG A LINE PARALLEL WITH SAID WESTERLY LINE OF SAID RECORD OF SURVEY AND 30.00 FEET EASTERLY, RIGHT ANGLE MEASURE, SOUTH 02050'00"WEST, A DISTANCE OF 395.60 FEET TO THE SOUTHERLY LINE OF SAID RECORD OF SURVEY; THENCE ALONG SAID SOUTHERLY LINE NORTH 87010'00" WEST, A DISTANCE OF 30.00 FEET TO THE MOST SOUTHWESTERLY CORNER OF SAID RECORD OF SURVEY; THENCE ALONG SAID WESTERLY LINE NORTH 02050'00" EAST, A DISTANCE OF 425.60 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 0.29 ACRES,MORE OR LESS. Resolution 35-14 Page 9 Pagel of 3 • • THE BEARING OF SOUTH 87010'00" EAST BETWEEN FOUND MONUMENTS IN THE CENTERLINE OF FREMONT ROAD AS SHOWN ON THAT CERTAIN RECORD OF SURVEY FILED IN BOOK 861 OF MAPS AT PAGE 49, SANTA CLARA COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS SURVEY. END OF DESCRIPTION PREPARED BY OR UNDER THE SUPERVISION OF: S\ONA�C NDSU�P JEFFREY C.LEA,PLS 4588 DATE No. 4588 ")r��.9-30-14 Resolution 35-14 Page 2 P 10 S58'55'52"W LOT 3 S58'55'52"W CONCEPCION ROAD 0.23' FROM 194 MAPS 9s 0.23' FROM LOT 2 TRUE POINT � CORNER CORNER 994 GAPS 15 OF BEGINNING Lo POINT OF NO2'50'00"E 455.60' n TJTJ��J7- COMMENCEMENT j 'o -7, 425 60 S87*10'00"E� 30.00 j FOUND MAG oi� I ��� NAIL AND �.4id00 BRASS TAG FOUND 3/4" IRON PIPE S02'50'00"W 395.60' I "LS 7623" WOOD PLUG & TAG R=30.00 00 I FOUND 3/4" IRON A-90'00100" I vi 000.1 ai RCE 7595" STREET DEDICATION PIPE WOOD PLUG & L=47.12' rn a9 12,961* SQ." TAG "RCE 7595" I �� a 0.29* ACRES I waa g to Doo LANDS OF RED OO RC HOD LLC LANDS OF RED OO RC HODD LLC 0 0 C@ o APb 976-36-094 AQPMn 916-36-00(2 I oq 0 moo rn �a RECORD DD OO F SURVEY I � 00� Z set GAPS 49 PZI 20' RIGHT OF `� Np o FOUND 3/4" IRON PIPE I FOUND 3/4" IRON PIPE WAY PER FOUND MAG 0 TAG "RCE 7595" W/PLASTIC CAP '.'LS 7623"(861 RS 49) NAIL AND W BRASS TAG - S02'50'00 W 455.60' I _ ' "LS 7623" ,EY cPARCEL D 0 3o 60 120 BASIS OF BEARINGS 3700 MAPS 32 I THE BEARING OF S87'1 0'00"E No. 4588 �� BETWEEN FOUND MONUMENTS IN THE 1 SCALE, 60 LEGEND CENTERLINE OF FREMONT ROAD AS p-,8.-90-14 SHOWN ON THAT CERTAIN RECORD O FOUND MONUMENT (861 RS 49 ) OF SURVEY FILED IN BOOK 861 OF STREET DEDICATION BOUNDARY MAPS AT PAGE 49, SANTA CLARA z. COUNTY RECORDS, WAS USED AS PROPERTY LINE THE BASIS OF BEARINGS FOR THIS 6, EASEMENT LINE SURVEY LEA�BRAZE ENGINEERING, INC. EXHIBIT "B" PLAT TO ACCOMPANY LEGAL CIVIL ENGINEERS • LAND SURVEYORS DESCRIPTION FOR STREET DEDICATION w BAY AREA REGION SACRAMENTO REGION c°Qc 2495 INDUSTRIAL PKWY WEST 3017 DOUGLAS BLVD, 1 300 LANDS OF RED ORCHID LLC HAYWARD, CALIFORNIA 94545 ROSEVILLE, CA 95661 (P) (510) 887-4086 (P) (916)966-1338 26240 FREMONT RD, TOWN OF LOS ALTOS HILLS, CA (F) (510) 887-3019 (F) (916)797-7363 WWW.LEABRAZE.COM APN: 175-35-002 & 014 PAGE 3 OF 3 JOB #2130020 DRAWN BY: M.HILL APRIL 2014